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Nicole Irmer | Posted in Psychologist license defense on April 20, 2026
Psychologists hold positions of profound trust. Patients rely on their psychologists for ethical, competent, and confidential care, often during some of their most vulnerable moments. For this reason, allegations of any type of misconduct are taken seriously by the California Board of Psychology.
When the Board receives a complaint, it will look into the allegations and determine how to move forward. More serious allegations, such as gross negligence or incompetence, will warrant a thorough investigation and potential referral to the Office of the Attorney General. If the complaint is substantiated, it could result in disciplinary action such as probation, suspension, or even license revocation.
At the Law Office of Nicole Irmer, we represent healthcare professionals facing disciplinary action from their licensing boards. We take a multi-pronged approach to license defense, working to resolve cases outside of the formal disciplinary process or through a stipulated settlement whenever possible. If you are the subject of a complaint to the Board of Psychology, contact our law firm today to schedule a confidential consultation with a California professional license defense lawyer.
In California, psychologists are regulated by the California Board of Psychology (BOP), which operates under the Department of Consumer Affairs. The Board is responsible for licensing, oversight, and discipline of psychologists throughout the state.
If a person suspects that a psychologist has violated the California Business and Professions Code (BPC), they can file a complaint with the Board. A complaint can be filed by anyone, including patients, former patients, family members, employers, colleagues, or insurance companies. If a psychologist is charged with a criminal offense, then the matter may be referred to the Board by law enforcement.
There are many different potential reasons why a person might file a complaint with the Board. Some common reasons for filing a complaint include:
Even if a complaint seems minor or unfounded, it should never be ignored. Every complaint has the potential to escalate into a formal investigation by the Board, with potentially serious consequences for your license. If you learn about a complaint filed against your license, reach out to our San Diego healthcare license defense lawyers to schedule a confidential consultation.
The process typically begins when the Board receives a complaint from a member of the public, a company, or another government agency. If the complaint falls within its jurisdiction, the Board may open an investigation.
For minor violations, the Board may handle the matter informally, such as issuing a citation and fine, requiring an educational conference, or issuing a warning letter.
For more serious allegations, such as sexual misconduct, the matter is typically referred for formal investigation by trained investigators working on behalf of the California Board of Psychology, often with involvement from the California Department of Consumer Affairs and, where appropriate, law enforcement agencies.
The Board will inform you of the investigation, which may occur through a letter from the Board requesting a response, a subpoena for records, or a notice of investigation. At this stage, even if you believe that the complaint is meritless, you should contact a seasoned professional license defense attorney.
Anything that you say to a Board investigator can be used against you later, including for potential criminal prosecution. If you are facing a complaint or investigation, you may wish to consult with an experienced attorney to better understand your rights and options.
Once the investigation is opened, the investigator will gather evidence to determine whether formal charges are appropriate. The investigation may include interviews with the complainant and witnesses, a review of patient records and documentation, and an examination of billing practices. It will also typically include a request for written statements and/or an interview with you.
The Board investigator may appear friendly or like they simply want to get to the bottom of the matter so they can close the case. Remember that the investigator’s findings will influence whether the Board decides to pursue disciplinary action. You should take any investigation seriously and not talk to the investigator without first consulting with an attorney.
After reviewing the evidence, the Board will determine how to proceed. Not every complaint will result in formal discipline. The Board may decide to:
However, if the Board believes that there is sufficient evidence of a violation of the BPC, it will file a formal Accusation. This will initiate disciplinary proceedings.
A formal Accusation is a serious development. The Accusation is akin to an indictment in a criminal case. It will outline the alleged violations of the BPC and the legal basis for disciplinary action.
At this stage, you are facing potential penalties against your license. This may include probation (with strict conditions), a license suspension, or a license revocation. Any type of formal discipline can affect both your license and your livelihood.
After a formal Accusation is filed, you have the right to respond and to request a hearing before an Administrative Law Judge (ALJ). There is often a limited window to file a defense and/or request a hearing. If you get notice that a formal Accusation has been filed, you should contact a San Diego professional license defense attorney to discuss your options and ensure that any response is filed in a timely manner.
Technically, the next step in the process is an administrative hearing (discussed below). However, many cases are resolved through negotiated settlements.
In a stipulated settlement, the licensee will stipulate to one or more of the allegations in the complaint and agree that discipline is warranted. This often leads to a lower level of sanction than may otherwise result from a formal hearing before an ALJ. The terms of a settlement could include things like probation with terms and conditions, continuing education requirements, fines, and practice monitoring.
While a settlement can reduce uncertainty and legal costs, any agreement should be entered into carefully after review by an experienced attorney. Agreeing to unfavorable terms can have long-term consequences for your license. A professional license defense lawyer can negotiate terms that protect your license to the extent possible, demonstrating evidence of mitigation and rehabilitation to help you achieve a more favorable outcome.
If the case proceeds to a hearing, it will be handled through the Office of Administrative Hearings (OAH). The hearing will be similar to a trial, although it will be less formal.
At the hearing, both sides will present evidence and call witnesses. The Board will be represented by an attorney from the Attorney General’s office. You will be able to cross-examine witnesses and present your defense through your own lawyer.
A strong defense strategy may include:
Our law firm is skilled at putting together a strong, multi-faceted defense to ethics complaints. Whenever possible, we work to get complaints resolved early in the process or attempt to work out a stipulated settlement. If that isn’t possible, we will represent your interests in the hearing and work to get you the best possible outcome.
After the hearing, the ALJ will issue a proposed decision. The Board can adopt, modify, or reject this decision.
If the Board imposes discipline, then you may be able to appeal the decision. This may include filing a petition for reconsideration or a writ of mandate. There are strict deadlines for filing an appeal, so you will want to make sure that you understand these timelines once a decision has been rendered.
Appeals can be incredibly complicated and require careful legal analysis. If the Board of Psychology has imposed discipline on your license, our law firm can help you understand your options for appealing the decision or seeking reinstatement after sufficient time has passed.
An ethics complaint against a licensed California psychologist is a serious legal matter that can threaten your livelihood and reputation. If a patient, colleague, or anyone else has filed a complaint against you, discipline is not necessarily a foregone conclusion. Through early intervention and a proactive strategy, you can often achieve a better outcome.
From initial investigation to final resolution, the Law Office of Nicole Irmer advocates for California psychologists who are facing disciplinary issues. With substantial experience in the field, we have the skill and knowledge to protect your license whenever possible. We treat each client with respect, compassion, and understanding.
If you are dealing with a complaint or disciplinary issue involving the California Board of Psychology, please contact our office at (619) 237-6130 to discuss your situation with an experienced professional licensing defense attorney.